But what good is having a Constitution if it is ignored? 1. Legally, the Constitution Cannot Be Ignored - **Supreme Law of the Land:** The Supremacy Clause (Article VI, Clause 2) dictates that the Constitution and federal laws are superior to any state laws or constitutions. - **Formal Amendment Process:** The only legitimate way to change the Constitution is through the amendment process (Article V). - **Role of the Supreme Court:** The Supreme Court is designed to act as a "bulwark" that can strike down laws or executive actions deemed unconstitutional. The Institute for Justice 2. Practically, Parts Can Be Ignored - **Lack of Enforcement:** The Constitution is "parchment barrier" if there is not a strong, engaged citizenry and government institutions willing to enforce it. If the executive branch refuses to enforce a ruling and Congress fails to impeach, the Constitution can be, in effect, ignored. - **Historical Precedents:** Throughout U.S. history, presidents have violated the Constitution, such as Abraham Lincoln suspending _habeas corpus_ or Franklin Roosevelt ordering Japanese-American internment. - **The "Death by a Thousand Cuts":** Some argue that the Constitution is being ignored through small, incremental violations (e.g., eroding the First Amendment, failing to hold elections for vacant seats). - **Ignoring the Supreme Court:** Although rare, the executive branch can theoretically ignore the Supreme Court because the Court lacks the power of "the sword or the purse" to enforce its own rulings. ![Quora 3. What Happens If It Is Ignored? - **Constitutional Crisis:** Ignoring the Constitution creates a "constitutional crisis" where the branches of government stop acting within their designed roles, potentially dismantling American democracy. - **Public Resistance:** The ultimate check on the Constitution being ignored is popular resistance; if the government attempts to violate rights, strong civil society, organized groups, and public protests can make violating the Constitution too costly. - **Judicial Review:** If a law is deemed unconstitutional by the Supreme Court, it can no longer be enforced as law. ![Center for American Progress] **In summary,** while the Constitution is not supposed to be ignored, it is not self-executing. It requires constant enforcement by the courts, Congress, and the people to prevent it from being bypassed by those in power. ![UVA Today]
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